I'm not a lawyer, I can't give legal advice... but
There are defences to trademark infringement:
Like
-Good faith use of a name (s 122(1)(a))
-Prior continuous use of a common law mark (s 124)
-Mark invalidly registered
Those sections are from the trade marks act, I'm not sure whether that's current legislation or not.
etc.
Also groundless threats to sue might be grounds for an action against them, but would be hard if they're registered.
Can't remember how but also a way to try and get them removed from the register.
Bookmarks